- 1 - HC-KAR NC: 2025:KHC-D:8486 CRL.P No. 102177 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102177 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI ARJUN S/O. RANGAPPA PUJARI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. GANDHI NAGAR, TOTADA VASTI, MALLAPUR P. L-587111, TQ. MUDHOL, DIST. BAGALKOT. …PETITIONER (BY SRI. J. BASAVARAJ, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH LOKAPUR P. S.) BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT: DHARWAD-580011. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION BY GRANTING REGULAR BAIL TO THE PETITIONER/ACCUSED NO.2 IN CONNECTION WITH CRIME NO.36/2025 OF LOKAPUR POLICE STATION FOR THE ALLEGED OFFENCE PUNISHABLE U/S.103(1), 238, 315 OF BHARATIYA NYAYA SANHITA, 2023, PENDING BEFORE SENIOR CIVIL JUDGE AND JMFC MUDHOL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8486 CRL.P No. 102177 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent–State. 2. The present petition is filed by the petitioner– accused No.2 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 of the Cr.P.C.), seeking bail in connection with Crime No.36/2025 registered at Lokapur Police Station for offences punishable under Sections 103(1), 238, 315 of Bharatiya Nyaya Sanhita, 2023, pending on the file of learned Senior Civil Judge and JMFC, Mudhol. 3. The brief facts of the prosecution case are as follows: The deceased Savitha was given in marriage to one Manjunath Laxman Kuri, who died in the year 2022. Hence, the brother Manjunath Kuri, accused No.1 by name Siddappa - 3 - HC-KAR NC: 2025:KHC-D:8486 CRL.P No. 102177 of 2025 Laxman Kuri was managing properties fallen to the share of his brother. On 20.03.2023 at about 01:00 p.m., accused No.1 allegedly took the deceased, Savita Manjunath Kuri, on his motorcycle to a Bank and later to his farmhouse at Mallapur with an intention of engulf the property or in order to eliminate the deceased – Savitha. On 21.03.2023 at about 10:30 a.m., accused No.2 (the petitioner herein) is alleged to have held the legs of the deceased tightly, while accused No.1 tied a jute rope around her neck, thereby committing the murder and with an intention to destroy the evidence thrown the dead body in the nearby canal by taking her ornaments. Based on these allegations, a complaint was filed, leading to the registration of an FIR and the commencement of the investigation. 4. The learned counsel for the petitioner contended that the petitioner is innocent, has not committed any offence, and has been falsely implicated in this case. It is contended that no overt act is attributed against the petitioner except the allegation that he held the legs of the - 4 - HC-KAR NC: 2025:KHC-D:8486 CRL.P No. 102177 of 2025 deceased while accused No.1 tied the rope around her neck. No incriminating materials have been recovered from the petitioner. The petitioner is willing to abide by any conditions that may be imposed by this Court. On these grounds, the learned counsel prayed for grant of bail. 5. Per contra, the learned High Court Government Pleader contended that the petitioner is involved in a serious offence punishable under Section 302 of the IPC. There exists a prima facie case against him. If the petitioner is released on bail, there is a likelihood that he may tamper with prosecution witnesses or hamper the trial. Considering the gravity of the offence, learned HCGP prayed that the petition be rejected. 6. Perused the materials available on record. Upon filing of this petition, the learned counsel for the petitioner submitted a copy of the charge sheet. A perusal of the charge sheet, particularly the statements of the first informant and CWs.10 and 11, reveals specific allegations against the petitioner–accused No.2. Admittedly, the case is - 5 - HC-KAR NC: 2025:KHC-D:8486 CRL.P No. 102177 of 2025 based on circumstantial evidence and there are no direct eyewitnesses to the incident. 7. The post-mortem report indicates that the cause of death was asphyxia, which supports the prosecution's version of events. Thus, at this stage, there appears to be a prima facie case against the petitioner. 8. However, considering the overall facts and circumstances of the case, including the nature of the allegations against the petitioner, the role attributed to him, the fact that the principal allegations and motive are directed primarily against accused No.1, and the seriousness of the offence, it appears just and appropriate to grant bail to the present petitioner – accused No.2. Accordingly, I proceed to pass the following: ORDER [i] The criminal petition is allowed. [ii] The petitioner is ordered to be enlarged on bail on he executing a personal bond in a sum of - 6 - HC-KAR NC: 2025:KHC-D:8486 CRL.P No. 102177 of 2025 Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court. [iv] The petitioner shall not tamper the prosecution witnesses. [v] The petitioner shall appear before the Trial Court regularly without fail. [vi] The petitioner shall not commit any offence during the pendency of the trial, including any offence similar to the one alleged. Violation of any of the above conditions shall entitle the prosecution to seek cancellation of bail before the appropriate Court in accordance with law. Sd/- (VENKATESH NAIK T) JUDGE RSH /CT-AN List No.: 1 Sl No.: 12